VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
AUGUST 4, 2008
CALL TO ORDER
Village President Hansen called the meeting to order.
ROLL CALL
In attendance: Village President John Hansen, Trustee Dale Berman, Trustee Mike Herlihy, Trustee Bob Strusz, Trustee Mark Gaffino, Trustee Linda Mitchell, Trustee Max Herwig.
Staff in attendance: Village Administrator Sue McLaughlin, Assistant to the Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Public Works Superintendent Mike Glock, Village Engineer Jim Bibby, Water Superintendent Paul Young, Police Chief Tom Fetzer, Atty. Carolyn Jansons.
AUDIENCE COMMENTS
Dawn Gallucci of Richmar Realty & Development addressed the Board regarding concerns with the recently passed LED Ordinance regulating LED signs. Gallucci said that as a developer, Richmar paid $100,000 for the sign and manage the sign for the association. Gallucci said that the sign was originally intended to be used as a marketing tool for the tenants at Randall Commons. Allowing other businesses to use the sign would also bring in money for the association. Ninety-five percent of the messages on the board were from the community (schools, churches, not-for-profit organizations). The decision was made by the association to allow not-for-profit organizations to advertise free of charge. Gallucci said that 30 seconds per message is a long time. Richmar Realty’s current sign averages messages of 3 to 5 slides and are 3 to 5 seconds per screen. The light at Randall & Oak is 45 to 60 seconds long and most people are not sitting at the light long enough to see the messages. Gallucci asked the Board to reconsider the 30-second slide to 5 seconds with limited animation.
Pat Griffin, 40W270B LaFox Road, St. Charles, (attorney representing Valley Community Bank) – Mr. Griffin said that the bank asked him to help them assess their compliance with the ordinance. Griffin said the Village’s ordinance does have a provision for nonconforming uses and their continued use, as well as administrative variances for these types of things. There are also standard variances for other non-conforming uses. Griffin asked, with whatever changes are made to the ordinance in its final form, if the village intends to utilize the other procedures that are currently in the ordinance.
Dora Sutcliffe of Valley Community Bank, 75 S. Randall Road – Ms. Sutcliffe mentioned that the bank had the sign installed 2 years ago with a 10-year debt. Sutcliffe said that when the sign was originally purchased, it was purchased with the intent to use special graphics. This would not be allowed with the new ordinance. Sutcliffe echoed the concerns of the first speaker.
TRUSTEE COMMENTS – None
1. Discussion regarding the ordinance regulating LED signs
Trustee Herwig said that at the last village meeting, someone from IBEW was in attendance to voice his concerns on the new ordinance regulating LED signs. Herwig said he drove out to see IBEW’s sign, which runs at 5 to 6 second intervals. Herwig said he drove to the Oak & Randall intersection and noted that from the time he stopped and the time the light turned green, the only advertisement he saw for North Aurora Days was the date of August 1st. Herwig said the Village should adopt an ordinance stating that messages on signs should not change for a duration less than 5 seconds.
Trustee Berman asked Chief Fetzer if he had statistics on accidents that have been caused by LED signs. Fetzer said he had not researched this in particular, but that there have been no accidents related to people reading LED signs in North Aurora.
Community Development Director Scott Buening said that when originally discussed, the Village did not allow LED signs for a period of years. These standards were developed to equalize this, knowing that the Village Board was interested in allowing this type of sign. Staff originally proposed a one-minute duration. The idea was that it was to be treated no differently than a static message board and not wanting drivers to be overloaded with messages.
Trustee Herlihy said he saw the sign at IBEW, which is at a slow intersection. Herlihy said that Randall Road is practically a highway and drivers should be paying attention to the intersection and stopping instead of reading signs.
Trustee Mitchell said that she looked at some of the LED signs recently. Mitchell said that she didn’t think someone who is driving down the road at 60 mph would be paying attention to a sign on the edge of the road. Mitchell said she didn’t think the signs would be a safety issue.
Trustee Herwig noted that the 4 electronic signs for NA Days were set on 3-second message intervals. Trustee Herwig said that unless there is statistical data to show that the signs are causing accidents, the Village does not have a right to dictate signs be at 30- second intervals.
Trustee Berman said that the 30 seconds was based on something the Village had not had experience with in the past and now the Village has and can work on this more intelligently. Trustee Mitchell said she respected the methodology as to why the Village did this, since this was the first time at regulating LED signs. The Village was trying to be safety conscious.
Trustee Herwig said he would support 5-second message intervals. Trustee Fetzer said that last year, the National Highway Transportation Safety Administration issued a study on driver distractions, both inside and outside the car, and found that anything distracting a driver for more than 2 seconds is significant.
Trustees Mitchell, Gaffino and Strusz were also in favor of lowering the message interval time.
Trustee Herlihy said he couldn’t say that lowering the message interval time would be better and would like more research on what constitutes a distraction and what does not. Trustee Herlihy said he is not in a position to say what that time frame should be at this point.
Trustee Berman said he was agreeable to 5-second message intervals.
Community Development Director Scott Buening asked if an ordinance could be passed at the next meeting. Atty. Jansons said that an amendment would be drafted to reflect a minimum of 5-second intervals for LED messages.
Trustee Herwig said the owner of American Dreams approach him about the sign ordinance and was concerned about the limitations of four square feet per window per building for the neon signs. The owner said that under the ordinance he would only be able to have his “open” sign in the window. Herwig asked how the Village came up with the four square foot limit. Buening said that the Village surveyed the businesses in town to find out what they had in the way of signage. The majority had the typical “open” signs that were neon. That was based on the measurement of a typical open sign. Based on the new ordinance, anyone who had a four square foot open sign would be exempt from the ordinance. Anyone who has more than that would fall into two categories: 1. Signs were put up illegally, depending on when they were put in place in relation to the ordinance or 2. the signs are grandfathered. Buening said he was not positive, but thought that American Dreams would be grandfathered with their existing signs.
2. Discussion of B-1 and B-2 Permitted and Special Uses
Buening suggested the Board look at particular B1 & B2 uses that trustees might have issues with and discuss those, rather than going through every use. Buening said the one issue the Plan Commission brought up was tattoo parlors. They felt that it should be in an industrial district and not in the B2 district. Buening said that the Plan Commission was reviewing B1 and B2 only and therefore, cannot amend the industrial districts. Trustee Herlihy said it can be removed from B1/B2 and it may not have a position until it gets added to an industrial district. Buening noted that if the Village removes the tattoo parlor from B2, there is not a tattoo parlor allowed in any other district and therefore the Village would be completely removing that use. Buening said it may be best to keep that in and removing it when the zoning ordinance is redone.
Village President Hansen asked about massage parlors. Buening said it is classified as a special use in the B2 district. Village Administrator McLaughlin said that the Village ordinance requires a massage therapist to be licensed or a member of the Massage Therapist Association, otherwise it is a massage parlor.
Trustee Berman asked what criteria was used to make the decision as to whether a use would be classified as B1 or B2. Buening said the Plan Commission had two meetings and went through every use. Buening said that B1 is light retail type uses and B2 is more the highway commercial uses.
Trustee Mitchell said that it appears that things have been broken down too much. Mitchell said that dry goods and home goods should be classified the same. Mitchell said that some of the uses should be grouped together.
Trustee Hansen asked for further study and suggested carrying this issue over to another meeting.
Trustee Berman said he did not agree with the plan commission’s view on the tattoo parlors. Berman said the Board discussed this in the past and that is why it is placed in a B2 zoning area rather than industrial.
3. Discussion of 2008 Non-MFT Street Improvements Change Order No. 1 to the contract with Geneva Construction for the addition of Clearwater Drive in the amount of $117,717.40
Consent Agenda
4. Discussion of IDOT approved Final Payment Estimate and Request for Approval of change in plans in the amount of $841.02 to Maintenance Coatings Company for the 2004 MFT street maintenance
Consent Agenda
5. Discussion of an Ordinance Approving the 4th Budget Amendment for the 2007-08 Budget Year
Consent Agenda
6. Discussion on the proposed Police Facility Budget
Assistant to the Village Administrator Wes Kornowske mentioned a memo that was provided to the Board. This memo was based on the numbers from the 2007 space needs analysis in terms of the square footage of the building. Jim McLaren, the Village’s technical advisor, derived the actual budget portion of the memo. Kornowske said that Dean Roberts from Jim McLaren’s office was present to answer any questions on hard construction costs. Staff and the Police Facility Committee recommended approving a budget of $13,973,191 for the police facility project which includes all soft costs, hard construction costs, project administration, architecture and engineering. Trustee Mitchell asked if the Village would be working with a guaranteed maximum price. Kornowske said that is correct and the Village will be setting a guaranteed maximum price after receiving the bids for the project. Kornowske said that there’s a chance the bids could come in much less than what is shown in the budget, but there is also a chance they may not. Actual construction will take place in 2009 and 2010 and there are a lot of variables that could happen between that time. Chief Fetzer said that McLaren errs on the side of caution and will budget on the higher side. Fetzer noted that the figures are not set in stone.
Village President Hansen asked why there is a 38% reconciliation factor. Kornowske said the reconciliation factor is the difference between the hard costs and the soft costs that are unforeseen. Mr. Roberts said that they take their experience from other projects. The soft costs are not defined and therefore are define as a percentage of the construction cost. It is very consistent for that to fall between 35% and 55%.
Kornowske said that the original budget had a lot more unknowns. Staff went through different exercise and got more answers on the soft costs. As those were entered, the reconciliation factor went down.
Trustee Mitchell said the two key factors that need to be taken into account is that the Village has gone trough a very detailed process to get to this point and can explain what the costs are and why they are there. Mitchell said that since the decision was made to build this new police facility, she has had nothing but positive feedback.
Trustee Berman said that it is important to realize that the Village is building for the future. If something can be put off until a later date, that is something to consider, but this needs to move forward.
7. Discussion of an Ordinance Authorizing the Issuance of General Obligation Bonds (Alternate Revenue Source)
Finance Director Bill Hannah said that there would be a public hearing in two weeks and a bond sale in October of this year. There would be one authorization ordinance and the plan would be to do a partial sale in October and 2 years from now will know the costs for the project. The Village will get at least $9 million to start, which will get the Village through the first year. The remaining amount of the bond sale will be done at that time.
If the Village stays under 10 million dollars of debt issued in an account a year, it is bank-qualified debt for the bank that bid on it. The Village would get a better interest rate, which could be $300,000 – $500,000 in interest savings over the life of the bond issuance.
Trustee Herlihy asked Hannah to explain, if the Village does not have significant cash flow expenses this October and work does not start until the spring, why issue the bonds in October of this year. Hannah said the Village will be able to make about $25,000 or $30,000 a month in investment income. Financially, the Village gets the interest earnings and bank qualified debt. New Business.
8. Discussion of an Ordinance amending Chapter 15.52 of the North Aurora Municipal Code on Nuisance and Completion Bonds
Community Developer Director Buening said that the Ordinance reflects a change to the code regarding the bonds that are normally submitted as part of building permits. At present, there is a $2,500 bond that is required for new construction. This amount is not enough to cover all of the left over improvements or public improvement damage that may happen. The proposed change would be to require a minimum of $5,000 for new construction. The nuisance bond would be changed from $500 to $1000. Language is also being clarified and including that there has to be certification from the developer that the construction is complete. The one-year limitation will remain that if the work is not done, the bond is not refundable. Language has also changed regarding reimbursing contractors that are in arrears for things that are owed to the Village. If in arrears, they would not be entitled to a bond until they have paid their debts to the Village. Trustee Herlihy asked if the applicability paragraph would include an addition to a house and when is that determined. Buening said yes, because they would still have to drive over the curb to deliver goods and materials. A nuisance bond would at least have to be submitted. Consent Agenda.
9. Discussion of bids for the reconstruction of the Village Hall parking lot and the Village lot next to Harners Restaurant
Public Works Superintendent Mike Glock said this was a project that was approved in the budget. Bids came back a little higher than budgeted. The low bidder was Geneva Construction at $103,258.43. Consent Agenda. Finance Director Bill Hannah said that $62,000 was budgeted for the village hall parking lot and $20,000 was budgeted for the lot next to Harners.
10. Discussion of Pay Request No. 1, Partial, to Dempsey Ing, Inc. for the 2008 water main improvements, in the amount of $186,368.50
Water Superintendent Paul Young said that services are about 25% and the watermain should be complete on the next full day of work. One glitch is that the lien waivers and certified payroll have not been received. Village Administrator McLaughlin said that the Village received a notice of lien from MidAmerican Water.
Trustee Herlihy requested this be placed on the next agenda for New Business since the certified payroll and lien waiver are two very basic documents required in public payouts. New Business.
11. Discussion of Tanner Trails – Contract A Pay Request No. 3, Partial, to Tri-County Excavation and Construction, Inc. in the amount of $57,754.80
Consent Agenda.
12. Discussion of Tanner Tails – Contract C Pay Request No. 2, Partial, to Orange Crush, LLC in the amount of $327,919.86
Consent Agenda.
13. Discussion of Pay Estimate No. 3 – Final, to Complete Asphalt Service Co. for the 2007 Maintenance Improvements, in the amount of $9,847.25
Consent Agenda.
TRUSTEE COMMENTS
Trustee Herwig said that North Aurora Days was a success at this year’s new site and thanked staff for their work.
Trustee Herwig mentioned that the Southwest Fox Valley Cable Consortium would be meeting next Thursday at 5:30 p.m at Waubansee. Yorkville has received their 10-day notice from AT&T so it is the first municipality in the consortium that has been notified by AT&T.
Trustee Mitchell echoed Trustee Herwig’s comments on NA Days. Mitchell said that many people have said that NA Days is getting bigger and better and is enjoyed by surrounding communities.
Trustee Gaffino echoed the statements of Trustee Herwig and thanked him for all of his hard work on NA Days.
Village President Hansen thanked everyone for their work on a successful NA Days.
Trustee Strusz said that Trustee Herwig did an outstanding job on NA Days. Strusz also thanked the police and public works.
Trustee Herlihy said that Trustee Herwig did a great job and thanked him for his commitment. Herlihy said that NA Days still starves for volunteers. Two key events have been lost. Last year the 5k/10k run and this year the Autofest.
Trustee Berman said that NA Days was outstanding. Berman said it would be nice to have a similar spot like this for the future for the North Aurora Days event.
EXECUTIVE SESSION – None
ADJOURNEMNT
Motion made by Trustee Gaffino and seconded by Trustee Herwig to adjourn the meeting. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
